ACIT v. Kishan Lal Jewels (P.) Ltd.

147 TTJ 308High Court2012#8957 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Judgments citing ACIT v. Kishan Lal Jewels (P.) Ltd.

DCIT, CIRCLE-4, JAIPUR vs. M/S KANDOI METAL POWDERS MANUFACTURING COMPANY PVT. LTD., JAIPUR

In the result, both the appeals are partly allowed

ITA 244/JPR/2022[2012-13]Status: DisposedITAT Jaipur15 Sept 2022AY 2012-13
For Appellant: Sh. S. L. Poddar (Adv.)For Respondent: Sh. Sanjay Dhariwal (CIT) a
Section 139Section 143(3)Section 147Section 148

…tention that he had no bank account was found to be false, the disallowance was not justified. And the fact that Sales Tax was not paid by the party who sold the goods does not affect the genuineness of transaction. (v) ACITv.Kishan Lal Jewels (P.) Ltd.(2012) 147 TTJ 308 (Del.) (Trib.) The assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the…

ITO 26 (2)(5), MUMBAI vs. PRATISHNA ENGINEERS, MUMBAI

In the result, appeals of the Revenue are dismissed

ITA 4899/MUM/2019[2010-11]Status: DisposedITAT Mumbai03 Aug 2021AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Department by Ms. Shreekala Pardeshi
Section 133(6)Section 143(1)Section 147

…the suppliers to find out whether there was any immediate cash withdrawal from their account. There is nothing in the order of the AO about cash trail and so the disallowance could not be made. 7.3.10 In the case of ACIT vs. KishanLal Jewels (P.) Ltd. (2012) 147 TTJ 308(Del.)(Trib.) the assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, Sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the ac…

ACIT-26(2), MUMBAI vs. M/S PRATISHNA ENGINEERS, MUMBAI

In the result, appeals of the Revenue are dismissed

ITA 1947/MUM/2019[2011-12]Status: DisposedITAT Mumbai03 Aug 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

For Appellant: Department by Ms. Shreekala Pardeshi
Section 133(6)Section 143(1)Section 147

…the suppliers to find out whether there was any immediate cash withdrawal from their account. There is nothing in the order of the AO about cash trail and so the disallowance could not be made. 7.3.10 In the case of ACIT vs. KishanLal Jewels (P.) Ltd. (2012) 147 TTJ 308(Del.)(Trib.) the assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, Sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the ac…

ACIT RANGE 1(1), BHOPAL vs. AISECT LTD. , BHOPAL

ITA 953/IND/2019[2015-16]Status: DisposedITAT Indore28 Jun 2021AY 2015-16

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

Section 143(3)

…esh Ohri v/s. ACIT 154 TTJ 33 U.O. (Delhi) Addition on the basis of statement during survey in absence of any material connected during the course of survey, no addition can be made on the strength of the statement. ACIT v. Kishan Lal Jewels (P.) Ltd. (2012) 147 TTJ 308 (Del.) (Trib.) The assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the…

ACIT RANGE 1(1), BHOPAL vs. AISECT LTD. , BHOPAL

ITA 952/IND/2019[2013-14]Status: DisposedITAT Indore28 Jun 2021AY 2013-14

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

Section 143(3)

…esh Ohri v/s. ACIT 154 TTJ 33 U.O. (Delhi) Addition on the basis of statement during survey in absence of any material connected during the course of survey, no addition can be made on the strength of the statement. ACIT v. Kishan Lal Jewels (P.) Ltd. (2012) 147 TTJ 308 (Del.) (Trib.) The assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the…

AISECT LTD. ,BHOPAL vs. ACIT RANGE 1(1), BHOPAL

ITA 946/IND/2019[2015-16]Status: DisposedITAT Indore28 Jun 2021AY 2015-16

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

Section 143(3)

…esh Ohri v/s. ACIT 154 TTJ 33 U.O. (Delhi) Addition on the basis of statement during survey in absence of any material connected during the course of survey, no addition can be made on the strength of the statement. ACIT v. Kishan Lal Jewels (P.) Ltd. (2012) 147 TTJ 308 (Del.) (Trib.) The assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the…

AISECT LTD. ,BHOPAL vs. ACIT RANGE 1(1), BHOPAL

ITA 945/IND/2019[2013-14]Status: DisposedITAT Indore28 Jun 2021AY 2013-14

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Roy

Section 143(3)

…esh Ohri v/s. ACIT 154 TTJ 33 U.O. (Delhi) Addition on the basis of statement during survey in absence of any material connected during the course of survey, no addition can be made on the strength of the statement. ACIT v. Kishan Lal Jewels (P.) Ltd. (2012) 147 TTJ 308 (Del.) (Trib.) The assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the…

ACIT-4(2)(1), MUMBAI vs. M/S.VGC DIAMOND PRIVATE LIMITED, MUMBAI

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

ITA 7004/MUM/2017[2014-15]Status: DisposedITAT Mumbai08 Jul 2020AY 2014-15

Bench: Shri Pawan Singh, Jm& Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 7004/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2014-15)

For Appellant: Mrs. SamathaFor Respondent: Shri Vimal Punamiya, AR
Section 133(6)Section 143(2)Section 143(3)Section 271(1)(c)Section 68

…contention that he had no bank account was found to be false, the disallowance was not justified. And the fact that Sales Tax was not paid by the party who sold the goods does not affect the genuineness of transaction. ACIT v. KISHAN LAL JEWELS (P) LTD (2012) 147 TTJ 308 (DEL) (TRIB) The assessee while furnishing necessary information reading the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales tax registration numbers of the parties, PAN’s, their confirmations and Bank statements showing the debit of the amount paid through account payee 30 I.T.A. No. 7004/Mum/201…

M/S G. D. ENTERPRISE,KOLKATA vs. ACIT, CIR-40, KOLKATA, KOLKATA

In the result, we dismiss both the appeal of the assessee as well of Revenue

ITA 585/KOL/2016[2012-2013]Status: DisposedITAT Kolkata15 Mar 2019AY 2012-2013

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 M/S G.D. Enterprise V/S. Acit, Circle-40 1/H/1, Raja Janmenjoy 3, Government Place Road, Kolkata-700010 (West), Kolkat- [Pan No.Aacfg 4533 A] 700001 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri J.M. Thard, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sourav Kumar, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 14-01-2019 सुनवाई क" तार"ख/Date Of Hearing 15-03-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-13, Kolkata’S Order Dated 31.12.2015, Passed In Case No.1046/Cit(A)-13/Kol/Cir-45/2014-15, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties Case File Perused. 2. The Assessee’S Sole Substantive Ground Seeks To Reverse Both The Lower Authorities’ Action Treating Its Purchases Amounting To ₹3,39,04,027/- As Bogus In Assessment As Affirmed In Lower Appellate Proceedings. The Cit(A)’S Detailed Discussion To This Effect Reads As Under:- “5. Decision 5.1 Appellant'S Submission & Facts Available On Record Is Carefully Considered. The Assessee Has Argued That It Had Made All Payments Through Account Payee Cheque & From Your Petitioner Site There Is No Mistake As Per Law & Income Tax Act. So The Disallowance Of Purchase Against Payment Through Account Payee Cheque Would Not Be False & It May Be Accepted

Section 143(3)

…ined payment would not arise. In any case, Ld. A.O did not bring any evidence on record to justify any sort of unexplained payments made to the alleged unidentified parties, accordingly the addition u/s.69C is unjustified, (92 TTJ 1126 (Ahd), 31 DTR 456 (Jp), 147 TTJ 308 (Del), 10 DTR 281 (Jp); 1.3 The Ld. A.O had not rejected the appellant's books of accounts u/s.145(3) of the Act and having accepted the book results is not justified in invoking the provision of Sec 69C of the Act on incorrectly assuming that the appellant had incurred unexplained expenditure to source the purchase made from unknown parties; 1.4…

M/S SHREE BALAJI LANDMARK HOTELS PVT. LTD.,INDORE vs. THE ACIT 3(1), INDORE

In the result, the appeal of the assessee is allowed

ITA 865/IND/2016[2011-12]Status: DisposedITAT Indore07 Jun 2018AY 2011-12

Bench: Shri Kul Bharat, Hon’Ble & Shri Manish Borad, Hon’Blea.Y. 2011-12 M/S Shree Balaji Landmark Hotel Private Limited Indore ::: Appellant Vs Acit 3(1) Indore ::: Respondent Appellant By Shri Pankaj Shah Respondent By Shri K.G. Goyal Date Of Hearing 4.6.2018 Date Of Pronouncement 8.6.2018 O R D E R Per Shri Manish Borad, Am

Section 143(3)

…Shri Balaji Landmark IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE Before Shri Kul Bharat, Hon’ble Judicial Member and Shri Manish Borad, Hon’ble Accountant Member A.Y. 2011-12 M/s Shree Balaji Landmark Hotel Private Limited Indore ::: Appellant Vs ACIT 3(1) Indore ::: Respondent Appellant by Shri Pankaj Shah Respondent by Shri K.G. Goyal Date of hearing 4.6.2018 Date of pronouncement 8.6.2018 O R D E R PER SHRI MANISH BORAD, AM This appeal filed by the assessee pertaining to Assessment Year 2011-12 is directed against the order of ld. Commissioner of Income-tax (Appeals)-2, Indore dated 30.06…

ITO 16(2)(1), MUMBAI vs. ASHWIN PURSHOTTAM BAJAJ, MUMBAI

In the result , we dismiss both the appeal of the assessee as well of Revenue

ITA 5207/MUM/2014[2010-11]Status: DisposedITAT Mumbai14 Dec 2016AY 2010-11

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 4736/Mum/2014 ("नधा"रण वष" / Assessment Year : 2010-11) Shri Ashwin Purshotam The Ito – Ward 16(2)(1), बनाम/ Bajaj, Mumbai. V. C/O Shri Prakash Jhunjhunwala, Chartered Accountant, 5, Jolly Bhawan No. 2, 7 New Marine Lines, Churchgate, Mumbai – 400020. "थायी लेखा सं./Pan : Aacpb7522J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Respondent: Shri Vikash Kumar Agarwal
Section 143(3)Section 145(3)Section 69C

…ined payment would not arise. In any case, Ld. A.O did not bring any evidence on record to justify any sort of unexplained payments made to the alleged unidentified parties, accordingly the addition u/s.69C is unjustified, (92 TTJ 1126 (Ahd), 31 DTR 456 (Jp), 147 TTJ 308 (Del), 10 DTR 281 (Jp); 1.3 The Ld. A.O had not rejected the appellant's books of accounts u/s.145(3) of the Act and having accepted the book results is not justified in invoking the provision of Sec 69C of the Act on incorrectly assuming that the appellant had incurred unexplained expenditure to source the purchase made from unknown parties; 1…

ASHWIN PURSHOTAM BAJAJ,MUMBAI vs. ITO, WARD- 16(2)(1), MUMBAI

In the result , we dismiss both the appeal of the assessee as well of Revenue

ITA 4736/MUM/2014[2010-11]Status: DisposedITAT Mumbai14 Dec 2016AY 2010-11

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 4736/Mum/2014 ("नधा"रण वष" / Assessment Year : 2010-11) Shri Ashwin Purshotam The Ito – Ward 16(2)(1), बनाम/ Bajaj, Mumbai. V. C/O Shri Prakash Jhunjhunwala, Chartered Accountant, 5, Jolly Bhawan No. 2, 7 New Marine Lines, Churchgate, Mumbai – 400020. "थायी लेखा सं./Pan : Aacpb7522J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Respondent: Shri Vikash Kumar Agarwal
Section 143(3)Section 145(3)Section 69C

…ined payment would not arise. In any case, Ld. A.O did not bring any evidence on record to justify any sort of unexplained payments made to the alleged unidentified parties, accordingly the addition u/s.69C is unjustified, (92 TTJ 1126 (Ahd), 31 DTR 456 (Jp), 147 TTJ 308 (Del), 10 DTR 281 (Jp); 1.3 The Ld. A.O had not rejected the appellant's books of accounts u/s.145(3) of the Act and having accepted the book results is not justified in invoking the provision of Sec 69C of the Act on incorrectly assuming that the appellant had incurred unexplained expenditure to source the purchase made from unknown parties; 1…